Keyspan Gas East Corporation v Munich Reinsurance America Inc. et al.

Motion No: M-5086

Slip Opinion No: 2016 NYSlipOp 95964(U)

Decided on December 8, 2016

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

December 8, 2016

Keyspan Gas East Corporation,

Plaintiff-Respondent,

v

Munich Reinsurance America, Inc.,

et al.,

Defendants,

Century Indemnity Company,

Defendant-Appellant.

Plaintiff-respondent having moved for reargument, or

in the alternative, leave to appeal to the Court of Appeals from

the decision and order of this Court entered on September 1, 2016 (Appeal No. 16626), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion, to the extent it seeks reargument, is denied. So much of the motion which seeks leave to appeal to the Court of Appeals is granted, and this Court, pursuant to CPLR 5713, certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals:

"Was the order of the Supreme Court, as affirmed by this Court, properly made?" This Court further certifies that its determination was made

as a matter of law and not in the exercise of discretion. (See M-5548, decided simultaneously herewith).ENTERED: December 8, 2016

_____________________ CLERK

PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, David Friedman Karla Moskowitz Judith J. Gische, Justices

M-5086

Index No. 604715/97